Search
Smith_Sheldon

Sheldon K. Smith

He/Him/His
Partner

Sheldon represents clients in complex and often high-profile business disputes and tort cases. He has over 20 years of experience serving as a “go to” litigator, problem solver, and strategic advisor for in-house attorneys and C-Suite executives. Sheldon regularly counsels financial institutions, medical providers, municipalities, commercial property owners/developers, and manufacturers.

Commercial and Tort-Defense Litigation
Sheldon represents buyers and sellers in disputes involving the domestic and international sales of goods, including warranty and remedy disputes related to specially manufactured equipment. He also often counsels public and private companies (and government contractors) on matters involving competition claims, regulatory compliance, force majeure and other contract performance disputes, tort defenses (including civil fraud claims and investigations), earn-out/buy-out/shareholder and valuation disputes, and trade secret protection. In addition, he handles a variety of matters for banks, including check (“bookkeeper”) disputes, fiduciary duty claims, restrictive covenant issues, and fraud allegations/investigations.

Tax Assessment and Condemnation
Sheldon handles high-stakes tax assessment challenges and related real property valuation disputes.

Health Care Litigation
Sheldon represents a wide range of health care providers (including hospitals, medical associations, nursing homes, physicians, dentists, physical therapists, and DME companies) regarding the many types of business, billing/reimbursement, privacy, tort-defense/fraud-investigation, and real property disputes that arise in the health care arena.

Sheldon serves as Co-Partner-in-Charge of the Firm’s Corning office, is a member the HSE Belonging & Enrichment Committee and is co-chair of the Firm’s “People of Color” Employee Resource Group.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Appointed Member, Attorney Advisory Council to the New York State Commercial Division
  • Governor Appointed Member, Judicial Screening Committee, New York State Appellate Division, Fourth Department
  • Appointed Member and Chair, Character & Fitness Committee for the Eighth Judicial District, Appellate Division, Fourth Department
  • Board of Trustees, Upstate New York Chapter, National MS Society
  • Member, National Bar Association, Commercial Law Section
  • Appointed Member, Attorney Advisory Group to the New York Federal and State Judicial Council
  • Member and Past President, Minority Bar Association of Western New York
  • Member, Rochester Black Bar Association
  • Member, Board of Directors, Greater Buffalo Sports Hall of Fame
  • Member, Local (Federal) Rules Committee, Western District of New York
  • Former Member, Board of Directors, National Federation for Just Communities
  • Former Member, Board of Directors, Catholic Health System
  • Former Member, Board of Directors, UB Law Alumni Association
  • Former Member, 2nd Vice Chair, Board of Directors, Meals on Wheels for Western New York

HONORS & AWARDS

  • Recognized by Chambers USA from 2017 to present in the field of Litigation: General Commercial (Upstate NY)
  • Selected by his peers for inclusion in The Best Lawyers in America® for:
    • Litigation – Land Use and Zoning
    • Litigation – Mergers and Acquisitions
    • Litigation – Health Care Law
    • Health Care Law
  • Recipient, 2024 Pro Bono Award, United States District Court Western District of New York
  • Legal Excellence Award: Leaders in Law, The Daily Record & Rochester Business Journal, 2023
  • Selected to The National Black Lawyers Top 100 in New York 2020, 2021, 2023
  • Legal Elite of Western New York, Buffalo Business First/Buffalo Law Journal, 2018
  • Selected to the Upstate New York Super Lawyers list 2017-2021, since 2023
  • Named by The Daily Record as one of Rochester’s Attorneys of the Year, 2014
  • Recognized by New York Law Journal as a “Rising Star,” 2013
  • New York State Bar Association, Commercial and Federal Litigation Section, Diversity Leadership Award, 2012
  • Minority Bar Association of Western New York, Legal Excellence Award, 2011
  • Recipient of the “Legal Service Award,” by the Minority Bar Association of Western New York, 2012
  • Recipient of the “Pro Bono Service Award” by the Western District of New York Federal Court, 2012
  • Recipient of the “Diversity Leadership Award” by the New York State Bar Association, Commercial and Federal Litigation Section, 2012
  • UB Law School, Students of Color Dinner, Trailblazer Award, 2008

REPRESENTATIVE EXPERIENCE

  • Government contractors in matters involving investigations of alleged NDA breaches, compliance/quality failures, and false claims.
  • Durable medical equipment manufacturer and other providers in federal and state court cases (and AAA Arbitrations) against numerous large insurance companies involving NYS No-Fault Benefit reimbursement disputes.
  • Numerous clients, including an engineering firm, product manufacturers, banks, and device/safety suppliers in non-compete, non-solicitation, and misappropriation disputes.
  • Financial institutions in AAA Arbitrations and NYS Commercial Division matters regarding various Commercial Deposit Agreement disputes, including “bad bookkeeper” cases and various forms of check disputes governed by Articles 3 and 4 of the UCC.
  • Energy companies, manufacturers, retail suppliers, and other businesses regarding force majeure, commercial impracticability, and related contract-performance litigation, including matters related to COVID-19, border restrictions, and recent weather anomalies.
  • Manufacturers and suppliers of goods in federal and state court cases involving express and implied warranties, battle-of-the-forms disputes, good-faith-and-fair-dealing terms and implied covenants, and safety-stock and related inventory/procurement disputes.
  • Nuclear facilities throughout NYS in high-profile, complex tax assessment/valuation challenges, including through full appraisal exchange (replacement cost and income approaches to value, involving numerous engineers, appraisers, and market experts).
  • Power generating facilities throughout NYS in contentious proprietary information/discovery disputes and tax assessment/valuation proceedings.
  • LLC members in business divorces and valuation disputes involving fiduciary duty, derivative rights, and contract claims.
  • Commercial tenants (including professional sports franchises, medical providers, and retail companies) in high-profile lease disputes.
  • Nursing and adult homes, construction companies, and commercial property owners in defense against negligence claims.
  • Churches, schools/districts, and other nonprofit organizations in defense against negligence claims, including Child Victims Act and Adult Survivors Act cases.

NEWS

PRESENTATIONS

  • “Navigating DEI – Pitfalls and Risks Unique to Publicly Traded Companies and Government Contractors,” Ad Idem Network, October 20, 2025
  • “DEI: Now What?,” Ad Idem Network, November 21, 2024
  • “Implicit Bias, Diversity and Inclusion,” Numerous organizations (including law firms, law departments, bar associations, and nonprofit groups) 2018-2023
  • “Commercial Division: Rule Amendments and Best Practices,” New York State Bar Association, Commercial & Federal Litigation Section Meeting, 2014 and 2017
  • “Ethics and Civility,” New York State Bar Association, Spring Symposiums 2013, 2014, and 2017
  • “Discovery Objections, Privilege Logs, and Sealing Orders,” FRCP Amendments and Local Rules, May 2016
  • “Mediation and Arbitration Best Practices,” New York State Bar Association, ADR Section, Spring 2014 Symposium
  • “Federal Civil Practice, a Primer: Taking and Defending Depositions,” New York State and Federal Judicial Council, December 2013
  • “The Latest Sanctions and Lessons in E-Discovery,” New York State Bar Association, Commercial & Federal Litigation Section, Spring Meeting 2012
  • “E-Discovery Updates and Best Practices,” National Bar Association, Commercial Law Section, February 2011

PRACTICE AREAS

ADMISSIONS

  • New York
  • U.S. District Court for the Eastern, Western, Northern, and Southern Districts of New York
  • U.S. Bankruptcy Court for the Western District of New York

EDUCATION

  • University at Buffalo School of Law, J.D., magna cum laude
  • SUNY Buffalo, B.S., with distinction

Sheldon represents clients in complex and often high-profile business disputes and tort cases. He has over 20 years of experience serving as a “go to” litigator, problem solver, and strategic advisor for in-house attorneys and C-Suite executives. Sheldon regularly counsels financial institutions, medical providers, municipalities, commercial property owners/developers, and manufacturers.

Commercial and Tort-Defense Litigation
Sheldon represents buyers and sellers in disputes involving the domestic and international sales of goods, including warranty and remedy disputes related to specially manufactured equipment. He also often counsels public and private companies (and government contractors) on matters involving competition claims, regulatory compliance, force majeure and other contract performance disputes, tort defenses (including civil fraud claims and investigations), earn-out/buy-out/shareholder and valuation disputes, and trade secret protection. In addition, he handles a variety of matters for banks, including check (“bookkeeper”) disputes, fiduciary duty claims, restrictive covenant issues, and fraud allegations/investigations.

Tax Assessment and Condemnation
Sheldon handles high-stakes tax assessment challenges and related real property valuation disputes.

Health Care Litigation
Sheldon represents a wide range of health care providers (including hospitals, medical associations, nursing homes, physicians, dentists, physical therapists, and DME companies) regarding the many types of business, billing/reimbursement, privacy, tort-defense/fraud-investigation, and real property disputes that arise in the health care arena.

Sheldon serves as Co-Partner-in-Charge of the Firm’s Corning office, is a member the HSE Belonging & Enrichment Committee and is co-chair of the Firm’s “People of Color” Employee Resource Group.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Appointed Member, Attorney Advisory Council to the New York State Commercial Division
  • Governor Appointed Member, Judicial Screening Committee, New York State Appellate Division, Fourth Department
  • Appointed Member and Chair, Character & Fitness Committee for the Eighth Judicial District, Appellate Division, Fourth Department
  • Board of Trustees, Upstate New York Chapter, National MS Society
  • Member, National Bar Association, Commercial Law Section
  • Appointed Member, Attorney Advisory Group to the New York Federal and State Judicial Council
  • Member and Past President, Minority Bar Association of Western New York
  • Member, Rochester Black Bar Association
  • Member, Board of Directors, Greater Buffalo Sports Hall of Fame
  • Member, Local (Federal) Rules Committee, Western District of New York
  • Former Member, Board of Directors, National Federation for Just Communities
  • Former Member, Board of Directors, Catholic Health System
  • Former Member, Board of Directors, UB Law Alumni Association
  • Former Member, 2nd Vice Chair, Board of Directors, Meals on Wheels for Western New York

HONORS & AWARDS

  • Recognized by Chambers USA from 2017 to present in the field of Litigation: General Commercial (Upstate NY)
  • Selected by his peers for inclusion in The Best Lawyers in America® for:
    • Litigation – Land Use and Zoning
    • Litigation – Mergers and Acquisitions
    • Litigation – Health Care Law
    • Health Care Law
  • Recipient, 2024 Pro Bono Award, United States District Court Western District of New York
  • Legal Excellence Award: Leaders in Law, The Daily Record & Rochester Business Journal, 2023
  • Selected to The National Black Lawyers Top 100 in New York 2020, 2021, 2023
  • Legal Elite of Western New York, Buffalo Business First/Buffalo Law Journal, 2018
  • Selected to the Upstate New York Super Lawyers list 2017-2021, since 2023
  • Named by The Daily Record as one of Rochester’s Attorneys of the Year, 2014
  • Recognized by New York Law Journal as a “Rising Star,” 2013
  • New York State Bar Association, Commercial and Federal Litigation Section, Diversity Leadership Award, 2012
  • Minority Bar Association of Western New York, Legal Excellence Award, 2011
  • Recipient of the “Legal Service Award,” by the Minority Bar Association of Western New York, 2012
  • Recipient of the “Pro Bono Service Award” by the Western District of New York Federal Court, 2012
  • Recipient of the “Diversity Leadership Award” by the New York State Bar Association, Commercial and Federal Litigation Section, 2012
  • UB Law School, Students of Color Dinner, Trailblazer Award, 2008

REPRESENTATIVE EXPERIENCE

  • Government contractors in matters involving investigations of alleged NDA breaches, compliance/quality failures, and false claims.
  • Durable medical equipment manufacturer and other providers in federal and state court cases (and AAA Arbitrations) against numerous large insurance companies involving NYS No-Fault Benefit reimbursement disputes.
  • Numerous clients, including an engineering firm, product manufacturers, banks, and device/safety suppliers in non-compete, non-solicitation, and misappropriation disputes.
  • Financial institutions in AAA Arbitrations and NYS Commercial Division matters regarding various Commercial Deposit Agreement disputes, including “bad bookkeeper” cases and various forms of check disputes governed by Articles 3 and 4 of the UCC.
  • Energy companies, manufacturers, retail suppliers, and other businesses regarding force majeure, commercial impracticability, and related contract-performance litigation, including matters related to COVID-19, border restrictions, and recent weather anomalies.
  • Manufacturers and suppliers of goods in federal and state court cases involving express and implied warranties, battle-of-the-forms disputes, good-faith-and-fair-dealing terms and implied covenants, and safety-stock and related inventory/procurement disputes.
  • Nuclear facilities throughout NYS in high-profile, complex tax assessment/valuation challenges, including through full appraisal exchange (replacement cost and income approaches to value, involving numerous engineers, appraisers, and market experts).
  • Power generating facilities throughout NYS in contentious proprietary information/discovery disputes and tax assessment/valuation proceedings.
  • LLC members in business divorces and valuation disputes involving fiduciary duty, derivative rights, and contract claims.
  • Commercial tenants (including professional sports franchises, medical providers, and retail companies) in high-profile lease disputes.
  • Nursing and adult homes, construction companies, and commercial property owners in defense against negligence claims.
  • Churches, schools/districts, and other nonprofit organizations in defense against negligence claims, including Child Victims Act and Adult Survivors Act cases.

NEWS

PRESENTATIONS

  • “Navigating DEI – Pitfalls and Risks Unique to Publicly Traded Companies and Government Contractors,” Ad Idem Network, October 20, 2025
  • “DEI: Now What?,” Ad Idem Network, November 21, 2024
  • “Implicit Bias, Diversity and Inclusion,” Numerous organizations (including law firms, law departments, bar associations, and nonprofit groups) 2018-2023
  • “Commercial Division: Rule Amendments and Best Practices,” New York State Bar Association, Commercial & Federal Litigation Section Meeting, 2014 and 2017
  • “Ethics and Civility,” New York State Bar Association, Spring Symposiums 2013, 2014, and 2017
  • “Discovery Objections, Privilege Logs, and Sealing Orders,” FRCP Amendments and Local Rules, May 2016
  • “Mediation and Arbitration Best Practices,” New York State Bar Association, ADR Section, Spring 2014 Symposium
  • “Federal Civil Practice, a Primer: Taking and Defending Depositions,” New York State and Federal Judicial Council, December 2013
  • “The Latest Sanctions and Lessons in E-Discovery,” New York State Bar Association, Commercial & Federal Litigation Section, Spring Meeting 2012
  • “E-Discovery Updates and Best Practices,” National Bar Association, Commercial Law Section, February 2011

PRACTICE AREAS

ADMISSIONS

  • New York
  • U.S. District Court for the Eastern, Western, Northern, and Southern Districts of New York
  • U.S. Bankruptcy Court for the Western District of New York

EDUCATION

  • University at Buffalo School of Law, J.D., magna cum laude
  • SUNY Buffalo, B.S., with distinction

Smith_Sheldon
Sheldon K. Smith